South Australian Current Acts

SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL ACT 2014

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Relevant Acts prevail

   PART 2--South Australian Employment Tribunal

           Division 1--Establishment of Tribunal

   5.      Establishment of Tribunal
   6.      Jurisdiction of Tribunal
   6A.     Conferral of jurisdiction--criminal matters
   6AB.    Diversity proceedings
   6B.     Conferral of jurisdiction--related matters
   7.      Tribunal to operate throughout State
   7A.     Seals

           Division 2--Main objectives of Tribunal

   8.      Main objectives of Tribunal

           Division 3--Members of Tribunal

              Subdivision 1--The members

   9.      The members

              Subdivision 2--The President

   10.     Appointment of President
   11.     President's functions generally
   12.     Acting President

              Subdivision 3--The Deputy Presidents

   12A.    Number of Deputy Presidents
   13.     Appointment of Deputy Presidents
   14.     Deputy President's functions generally

              Subdivision 4--Magistrates

   15.     Magistrates

              Subdivision 5--Commissioners

   16.     Appointment of Commissioners
   17.     Commissioner ceasing to hold office and suspension
   18.     Supplementary Commissioners

           Division 3A--Supplementary panel members

   18A.    Supplementary panel members

           Division 4--Constitution of Tribunal and its decision-making processes

   19.     Constitution of Tribunal
   20.     Who presides at proceedings of Tribunal
   21.     Decision if 2 or more members constitute Tribunal
   22.     Determination of questions of law

           Division 5--Related matters

   24.     Validity of acts of Tribunal
   25.     Disclosure of interest by members of Tribunal
   26.     Delegation

           Division 6--Additional provisions relating to jurisdiction

   26A.    Declaratory judgments
   26B.    Other provisions relating to civil jurisdiction of Court
   26C.    Binding nature of decisions

           Division 7--Additional provisions relating to jurisdiction under Return to Work Act 2014

   26D.    Civil jurisdiction under Return to Work Act 2014
   26E.    Rights of action and recovery against third parties
   26F.    Review jurisdiction under Return to Work Act 2014
   26G.    Injuries that develop gradually
   26H.    Criminal jurisdiction
   26I.    Appeals

           Division 8--Additional provisions relating to jurisdiction under Workers Compensation Act 1971

   26IA.   Additional provisions relating to jurisdiction under Workers Compensation Act 1971

   PART 3--Exercise of jurisdiction

           Division 1--Review jurisdiction

   26J.    Application of Division
   27.     General nature of proceedings
   28.     Decision-maker must assist Tribunal
   29.     Effect of review proceedings on decision being reviewed
   30.     Decision on review
   31.     Tribunal may invite decision-maker to reconsider decision

           Division 2--Application of Division

   31A.    Application of Division

   PART 4--Principles, powers and procedures

           Division 1--Principles governing hearings

   32.     Principles governing hearings

           Division 2--Evidentiary powers

   33.     Power to require person to give evidence or to produce evidentiary material
   34.     Entry and inspection
   35.     Expert reports

           Division 3--Procedures

   36.     Practice and procedure generally
   37.     Directions for conduct of proceedings
   38.     Consolidating and splitting proceedings
   39.     More appropriate forum
   40.     Dismissing proceedings on withdrawal or for want of prosecution
   41.     Frivolous, vexatious or improper proceedings
   42.     Proceedings being conducted to cause disadvantage

           Division 4--Conferences, mediation and settlement

              Subdivision 1--Conferences

   43.     Compulsory conciliation conferences
   44.     Referral of matters for hearing and determination
   45.     Pre-hearing conferences

              Subdivision 2--Mediation

   46.     Mediation

              Subdivision 3--Settling proceedings

   47.     Settling proceedings

           Division 5--Parties

   48.     Parties
   49.     Joinder of parties etc
   50.     Intervening

           Division 6--Representation

   51.     Representation

           Division 7--Costs

   52.     Costs
   53.     Costs--related matters

           Division 8--Other procedural and related provisions

   54.     Sittings
   55.     Hearings in public
   56.     Preserving subject matter of proceedings
   57.     Security as to costs etc
   58.     Interlocutory orders
   59.     Conditional, alternative and ancillary orders and directions
   60.     Special referees
   61.     Relief from time limits
   62.     Electronic hearings and proceedings without hearings
   63.     Completion of part-heard matters
   64.     Other claims of privilege
   65.     Power to enlarge scope

   PART 5--Review and appeals

           Division 1--Review and appeals

   66.     Internal review
   67.     Appeals
   68.     Final appeal to Court of Appeal

           Division 2--Related matters

   69.     Effect of appeal on decision
   70.     Reservation of questions of law

   PART 6--Staff

           Division 1--Registrars

   71.     Registrars
   72.     Functions of registrars
   73.     Delegation

           Division 2--Other staff of Tribunal

   74.     Other staff of Tribunal

           Division 3--Use of services or staff

   75.     Use of services or staff

   PART 7--Miscellaneous

   76.     Immunities
   77.     Protection from liability for torts
   78.     Protection for compliance with Act
   79.     Alternative orders and relief
   80.     Power to cure irregularities
   81.     Correcting mistakes
   82.     Tribunal may review its decision if person was absent
   83.     Tribunal may authorise person to take evidence
   83A.    Transfer of proceedings
   84.     Miscellaneous provisions relating to legal process and service
   85.     Proof of decisions and orders of Tribunal
   86.     Enforcement of decisions and orders of Tribunal
   87.     Accessibility of evidence
   88.     Costs of proceedings
   88A.    Production of persons held in custody
   89.     Annual report
   90.     Additional reports
   91.     Disrupting proceedings of Tribunal
   91A.    Punishment of contempts
   91B.    Offences
   92.     Rules
   93.     Regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows: